Terms and Conditions

SUPREMETHOROUGHBREDS (ABN 28 564 130 639) 14 Waldemar Road, Eaglemont, VICTORIA, 3084, AUSTRALIA Tel: 0439 033 129 Email: info@supremethoroughbreds.com.au Website: www.supremethoroughbreds.com.au This document is our Agistment Agreement. It will apply to each Horse from the time it is delivered by the Owner or the Owner’s agent and accepted by us onto the Property. Delivery of the Horse will constitute the Owner’s acceptance of all terms and conditions. 

AGISTMENT AGREEMENT – TERMS AND CONDITIONS [from 1/9/2019] 

THIS AGREEMENT will operate from the Effective Date. 

BETWEEN: The Proprietor AND: The Owner 

RECITALS A. The Proprietor is a provider of agistment and ancillary services.

  B. The Owner is the owner or lessee of the Horse. 

C. The parties have agreed that the Proprietor will accept delivery of the Horse and provide the services in accordance with this Agreement. 

BY THIS AGREEMENT it is agreed as follows: 

1. APPOINTMENT 

1.1 The Proprietor will: 

(a) take possession and day-to-day control of the Horse; and 

(b) exercising reasonable care, skill and diligence, provide the services in a proper and efficient manner in accordance with normal standards applying in relation to the agistment of thoroughbred horses. 

1.2 Despite Clause 1.1, but subject to clause 11, all risk in relation to the physical well-being of the Horse will remain with the Owner. 

1.3 (1) This Agreement is irrevocable and legally binding upon the parties from the Effective Date. 

(2)  Any right or obligation accruing under this Agreement during the Term will not be affected or prejudiced by it ending. The Proprietor is relieved of   any further obligation from the End Date. 

1.4 ASSOCIATED ENTITIES 

(1) Additional services may be provided by Associated Entities of the Proprietor. If any such additional services are provided by an Associated Entity of the Proprietor, and such Associated Entity does not have a separate agreement with the Owner in relation to the provision of those additional services, then the Owner agrees that this Agreement will apply mutatis mutandis to the agreement between the Owner and the Associated Entity for the provision of those additional services. 

(2) Without limiting paragraph (1), the Owner acknowledges and agrees that in agreeing paragraph (1), the Proprietor does so for the Proprietor’s own benefit, and as agent of, and trustee for, each Associated Entity of the Proprietor who is or may be entitled to the benefit of the Owner’s covenants in paragraph (1) (with each Associated Entity entitled to enforce those covenants against the Owner in its own name and style). 

1.5 MULTIPLE PARTY OWNERSHIP ARRANGEMENTS 

(1) If multiple parties own the Horse: 

(a) this Agreement binds them both individually and collectively; and 

(b) unless otherwise agreed with the Proprietor in writing, if the multiple parties who own the Horse are co-owners: 

(i) they will be jointly and severally liable for the proper performance of the Owners’ obligations under this Agreement; 

(ii) they will nominate a person to be the manager and deemed duly authorized agent of all of them for all dealings with the Proprietor in relation to the Horse and this Agreement; and 

(iii) each co-owner expressly and irrevocably authorises the Proprietor to give notice to the manager and the other co-owner(s) of any breach by such co-owner of a material obligation under this Agreement, including any payment obligation. 

2. DELIVERY AND REMOVAL OF HORSE 

The Owner or the manager must: (a) complete all procedures and documentation required by the Proprietor prior to delivering the Horse to the Property on the day and at the time specified by the Proprietor; and (b) comply with a direction given by the Proprietor at any time to remove the Horse from the Property. 

3. SERVICES 

3.1 The Proprietor’s services include (without limitation): 

(a) caring for and maintaining the Horse, including providing: 

(i) agistment; and 

(ii) stabling and ancillary facilities, equipment and gear, feed and supplements;

(b) as the agent of the Owner, procuring the services of such Third Party Service Providers as the Proprietor may consider necessary to provide services in relation to the Horse, including chiropractic care, dentistry, farriery, veterinary care and transportation; and 

(c) communicating verbally (either in person or by telephone or voice message), or in writing (either by post, email, text message or facsimile), on a regular basis with the Owner or the manager in relation to the Horse, including its general well-being and progress. 

3.2 WEANING ANY FOAL-AT-FOOT 

(1) If the Horse is a mare, the Proprietor may at any time wean any foal-at-foot and undertake any ASB identification and parentage validation procedures, including branding. However, the Proprietor may refuse to do so while the Owner is in breach of any payment obligation to the Proprietor or Third Party Service Provider under this Agreement. 

(2) An agreement in identical terms to this Agreement will be deemed to apply to any weanling which the Proprietor permits to remain at the Property after weaning and the Effective Date of such agreement will be the date upon which the foal is weaned. 

3.3 If the Horse is an Entire, the Proprietor must obtain the Owner’s or the manager’s approval before authorizing that it be gelded. 

3.4 Except in circumstances that do not afford the Proprietor the opportunity to obtain veterinary advice and the Owner’s or the manager’s approval, the Proprietor must not authorize that the Horse be euthanized because of accident, illness, injury or other cause, unless such action is recommended on humane grounds and certified by a qualified equine veterinarian retained at the Proprietor’s discretion. 

3.5 The manager must obtain the approval of the parties comprising the ownership arrangement (in accordance with the terms of that arrangement) before authorizing the Proprietor to take the actions contemplated by clauses 3.3 and 3.4. 3.6 If the Proprietor, at any time, arranges for the Horse to be: 

(a) relocated to another property which is not operated by the Proprietor; or

 (b) offered for sale, sold or otherwise disposed of on behalf of the Owner; such arrangement will be made by the Proprietor as the Owner’s agent and the Proprietor will no longer be responsible to the Owner either for the care and well-being of the Horse, or for fees and charges incurred. 

4. FEES AND EXPENSES 

4.1 FEES NOTICE 

(1) The Proprietor’s current basic fees and charges are set out in the Fees notice; 

(2) The Proprietor may: 

(a) impose reasonable additional charges for additional services [Fees and charges of Third Party Service Agistment Agreement © MLP 2018 Page 1 of Providers are in addition to the Proprietor’s Fees and Charges]; and 

(b) vary the Proprietor’s fees and charges. (3) If the Proprietor at any time increases any fees and charges, the Proprietor will provide an amended Fees Notice to the Owner or the manager 14 days prior to implementing the increase. 

4.2 The Owner must pay or reimburse: 

(a) the Proprietor and any Third Party Service Provider in accordance with such party’s normal trading terms, all fees and expenses of caring for the Horse on agistment, including (without limitation) agistment, chiropractic, dentistry, farriery and veterinary fees, and transportation costs; and 

(b) the Proprietor upon demand the amount of any invoice rendered directly to the Proprietor by a Third Party Service Provider. 

4.3 The Proprietor may require the Owner to advance to the Proprietor money to cover the estimated cost of specified surgery or extraordinary veterinary treatments AND will not be obliged to incur the expense until such money is received. 

4.4 INVOICING 

The Proprietor and any Third Party Service Provider will invoice fees and charges: (a) to the Owner; or (b) if the Horse is owned by multiple parties, as agreed with the manager, either: (i) to the Owners collectively via the manager; or (ii) to each party directly that party’s proportion of such fees and charges. Regardless of the invoicing arrangements, liability for all such fees and charges remains as set out in clause 1.5. 

4.5 METHOD OF PAYMENT 

The Proprietor’s preferred method of payment is by EFT, or by Mastercard or Visa credit card. In the case of multiple Owners and proportionate direct invoicing, the Proprietor may charge an additional administration fee. 

5. INSURANCE 

Unless otherwise agreed in writing by the Proprietor, the Owner is responsible for arranging the Owner’s own insurance cover (including the renewal of any existing cover) for mortality and other insurable risks in relation to the Horse. 

6. VISITATION 

The Owner or the manager may, by appointment with the Proprietor, attend at the Property to inspect the Horse. Visitation will be entirely at the Owner’s or manager’s own risk, assumed voluntarily. The Proprietor will not be liable for any risk associated with such visitation, howsoever arising, that is either an Inherent Risk, including (without limitation) accident or injury, or any other risk that was insignificant or not reasonably foreseeable, involving or sustained by the Owner or the manager, or any person who may accompany the Owner or the manager, when visiting the Property. 

7. PROPRIETOR’S RIGHT OF INDEMNITY 

The Owner must indemnify the Proprietor against all expenses and liabilities properly incurred by the Proprietor in relation to this Agreement. 

8. LIMITATIONS TO OWNER’S RIGHT OF INDEMNITY 

8.1 Neither the Proprietor nor any Third Party Service Provider will be liable to the Owner for damages for harm suffered by the loss or diminution in value of the Horse if it dies or value is diminished as a consequence of the materialization of a risk, howsoever arising, that is either: 

(a) an Inherent Risk, including (without limitation) accident, illness, injury, infertility or sub-fertility, or natural cause; or 

(b) any other risk that was insignificant or not reasonably foreseeable. 

8.2 (1) Except for any right of indemnity specifically preserved by this Agreement, the Owner expressly surrenders, so far as the law permits, any right which the Owner may have against the Proprietor or any Third Party Service Provider to claim damages for harm suffered by the loss or diminution in value of the Horse, howsoever arising, including (without limitation) liability in negligence and any right of the Owner to claim damages for economic loss or loss of opportunity to earn future income. 

(2) Any right of indemnity either specifically preserved or not capable of surrender will be limited in damages to the fair market value of the Horse at the time of the cause of action arising. 

8.3 Certain legislation, including the Competition and Consumer Act 2010 (Cth), may impose consumer guarantees or imply warranties or conditions or impose obligations upon the Proprietor which cannot be excluded restricted or modified, or cannot be excluded restricted or modified except to a limited extent. This Agreement must be read subject to these statutory provisions. If these statutory provisions apply, to the extent to which the Proprietor may limit the Proprietor’s liability, such liability is limited to: 

(a) in the case of goods, at the Proprietor’s option: 

(i) the replacement of the goods or the supply of equivalent goods; 

(ii) the repair of the goods; 

(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or 

(iv) the payment of the cost of having the goods repaired; and

(b) in the case of services, at the Proprietor’s option: 

(i) the supplying of the services again; or 

(ii) the payment of the cost of having the services supplied again. 

9. LIEN AND CHARGE 

9.1 The Owner grants to the Proprietor a Lien over the Horse and a Charge over the Horse and Proceeds, as security for the proper performance of the Owner’s obligations under this Agreement, including (without limitation): 

(a) to pay all fees and charges when due; and 

(b) not to transfer, sell or otherwise dispose of, or create any Encumbrance attaching to, the Horse, other than in accordance with this Agreement. 

9.2 This Lien or Charge: 

(a) entitles the Proprietor: 

(i) to possession of the Horse (including the Horse ID card or any replacement card) until all amounts due and payable by the Owner under this Agreement are paid; and 

(ii) to retake possession of the Horse (including the Horse ID card or any replacement card) where the Proprietor does not have such possession at the time when the Owner’s breach of this Agreement occurs; and 

    (b) includes the right of the Proprietor: 

      (i) to give a direction in accordance with clause 14.2 for the payment of Proceeds; and 

                      (ii) to sell the Horse or appoint a receiver to do so in accordance with clause 14.3; when the Owner’s breach of this Agreement occurs. 

9.3 The rights conferred by this clause 9 are in addition to and not in substitution of any rights of the Proprietor at common law or under any statute. 

10. OWNER’S SALE OR ENCUMBRANCE OF HORSE 

If the Owner elects to transfer, sell or otherwise dispose of, or to create any Encumbrance attaching to, the Horse, while any fees and charges are outstanding and payable to the Proprietor or any Third Party Service Provider under this Agreement, the Owner must prior to doing so either: 

(a) pay all such outstanding fees and charges to the Proprietor or Third Party Service Provider; or 

(b) obtain the Proprietor’s approval either to the proposed sale or other disposition, or to the creating of the Encumbrance. The Proprietor may give approval (with or without conditions) or withhold approval without providing a reason. If the Proprietor does approve, the Owner must: 

(i) comply with any conditions of such approval: and 

(ii) otherwise obligate the proposed purchaser, acquirer, or grantee of any Encumbrance to novate this Agreement. In any event, the Owner will remain liable to the Proprietor or Third Party Service Provider for any fees and charges not paid to the Proprietor or Third Party Service Provider by such purchaser, acquirer, or grantee. 

11. ACKNOWLEDGEMENTS UNDERTAKINGS AND WARRANTIES 

11.1 The Proprietor acknowledges that, EXCEPT for what is set out in this Agreement, the Owner has neither made any representation nor provided any warranty to the Proprietor in relation to the Horse. 

11.2 The Owner acknowledges entering into this Agreement at the Owner’s own risk and that, EXCEPT for what is set out in this Agreement, the Proprietor has neither made any representation nor provided any warranty in relation to the services to be provided or procured by the Proprietor. 

11.3 The Owner undertakes not to: 

(a) remove the Horse from the Property while any fees and charges are outstanding and payable to the Proprietor or any Third Party Service Provider under this Agreement; or Agistment Agreement © MLP 2018 Page 2 of 5

(b) assign or transfer the Owner’s rights or obligations under this Agreement to any third party without first obtaining the Proprietor’s approval, which will not be unreasonably withheld or delayed. It will not be unreasonable for the Proprietor to: 

(i) withhold approval if the Owner is in breach of any payment obligation under this Agreement; and 

(ii) require any party assuming the Owner’s obligations to novate this Agreement. 

11.4 The Owner warrants that the Owner: 

(a) is either: 

(i) the holder of the legal and beneficial title to the Horse, free of any Encumbrance, or if subject to an Encumbrance, duly authorized by the grantee to enter into this Agreement; or 

(ii) the lessee duly authorized by the lessor (and legal owner) to enter into this Agreement; and 

12. FURTHER ACKNOWLEDGMENTS AND DECLARATIONS 

12.1 The Owner acknowledges: 

(a) that owning, breeding and racing thoroughbred horses: 

(i) is speculative, as the Owner will incur significant fees and expense without the assurance of any financial return; and 

(ii) involves risks, including (without limitation) those specifically referred to in clauses 6 and 8; 

(b) that prior to entering into this Agreement, the Proprietor provided to the Owner and the Owner has read and understood the attachment marked "WARNING - IMPORTANT INFORMATION” 

12.2 The Owner declares that prior to the Effective Date the Owner has had the opportunity: 

(a) to obtain independent legal advice in relation to the Owner’s rights and obligations under this Agreement; and (b) to inspect the Property and the facilities to satisfy oneself as to their fitness for purpose; and has either done so, or freely declined the opportunity to do so. 

13. GST 

13.1 The parties acknowledge that this Agreement will constitute a Taxable Supply under the GST Act. 

13.2 Any fee or charge specified in the Fees Notice as payable by the Owner under this Agreement has GST included in it, unless it is specifically stated as being exclusive of GST. 

13.3 Any invoice rendered by a party to this Agreement in connection with a Taxable Supply made pursuant to this Agreement which seeks to recover an amount of GST payable by that party must conform to the requirements for a Tax Invoice and must be delivered on or before the date payment is required. 

14. OWNER’S DEFAULT 

14.1 If the Owner breaches a material obligation under this Agreement, including any payment obligation, the Proprietor may: 

(a) charge interest on any outstanding amount at the prevailing rate specified in the Fees Notice for the period commencing on the day after the due date and ending on the date payment is received at that rate which is the equivalent of 2% above the National Australia Bank Limited Benchmark rate (or such other rate as substituted by such bank). A letter from such bank will be prima facie evidence of such rate; and 

(b) give a Default Notice to the Owner or the manager (as the case requires), requiring that such breach be remedied within 14 days. If the Owner fails to remedy the breach within the period specified in the Default Notice, the Proprietor may pursue all or any of the Proprietor’s contractual and legal remedies against the Owner, including (without limitation) the right: 

(i) to give a direction in accordance with clause 14.2 for the payment of Proceeds; and 

(ii) to sell the Horse or appoint a receiver to do so in accordance with clause 14.3; without requiring a direction by order of the court for such action.

14.2 RIGHT TO GIVE A DIRECTION FOR THE PAYMENT OF PROCEEDS 

(1) The Proprietor may exercise the Proprietor’s right to give a direction for the payment of Proceeds: 

(a) if the Horse is sold, by notice to the selling agent or buyer (as the case requires); and 

(b) if there is a claim under any insurance policy attaching to the Horse, by notice to the insurer; requiring payment directly to the Proprietor of such amount as is required to fully extinguish and discharge any outstanding payment obligation of the Owner under this Agreement as a first call on the total of any net 

Proceeds. A statement confirming the outstanding amount and a copy of this Agreement will constitute adequate notice. 

(2) The Owner, in consideration of these presents and for good and valuable consideration, expressly and irrevocably directs the recipient of a notice served pursuant to paragraph (1) to make payment in accordance with that notice without reference to the Owner or the manager and without requiring a direction by order of the court for payment and attachment of debt. 

14.3 POWER OF SALE OF HORSE 

(1) For the purpose only of the Proprietor exercising the Proprietor’s right to sell the Horse when the Owner’s breach of this Agreement occurs, the Owner, in consideration of these presents and for good and valuable consideration: 

(a) irrevocably appoints and directs the Proprietor, as the Owner’s duly authorised agent, attorney or representative, as the law permits, to execute any instrument and do any act or thing required to effect the sale and convey and assure the buyer the Horse sold, including (without limitation) registration of the transfer of ownership of the Horse with the Registrar of Racehorses or Principal Racing Authority; and 

(b) expressly and irrevocably directs the Registrar of Racehorses or Principal Racing Authority, as the case requires, to register such transfer without reference to the Owner or the manager and without requiring a direction by order of the court for registration. 

(2) If a sale by public auction, the Proprietor may offer the Horse without reserve and sell it to the highest bidder. 

(3) If the Proprietor elects to sell the Horse other than by public auction, such sale must be at arms’ length and at a price not less than the fair market value of the Horse determined by either MM or WI, or if neither of them is able or willing to act, then another member of the FBAA who is able and willing to act, at the Proprietor’s discretion. 

(4) The Proprietor must give the Owner, the manager or lessor (as the case requires), 14 days’ notice of any proposal to sell the Horse by public auction, and 7 days’ notice of any proposal to sell the Horse other than by public auction. 

(5) Upon the sale of the Horse the Proprietor must apply the Proceeds: 

(a) firstly, in payment of all fees and charges incurred in connection with the sale, including (without limitation) the sale entry fee and commission, transportation and sale attendance; 

(b) secondly: 

(i) if a sole Owner, in payment to the Proprietor, or Third Party Service Provider, of all fees and charges, including (without limitation) any interest and enforcement costs that are outstanding and payable by the Owner; or 

(ii) if co-owners, apportion the net Proceeds between them and apply the proportion otherwise due to the defaulting co-owner(s) in payment to the Proprietor, or Third Party Service Provider, of all fees and charges, including (without limitation) any interest and enforcement costs that are outstanding and payable by the defaulting co-owner(s); and 

(c) thirdly, in payment to: 

(i) a sole Owner of any Proceeds not required to be applied by the Proprietor either in remedying or because of the Owner’s breach of this Agreement; or

(ii) the manager or non-defaulting co-owner(s) directly the whole of the proportion of the net Proceeds due to the non-defaulting co- owner(s), AND to the manager or defaulting co-owner(s) directly the proportion of the net Proceeds due to the defaulting co-owner(s) not required to be applied by the Proprietor either in remedying or because of the defaulting co-owner(s) breach of this Agreement. The Owner will remain liable to the Proprietor for any shortfall, or if co-owners, each defaulting co-owner will remain liable to the Proprietor for such party’s proportion of any shortfall. 

14.4 RIGHT TO INDEMNITY COSTS 

If the Proprietor, Third Party Service Provider, or nominee, undertakes any account management or debt recovery action with any agency, or legal proceedings, against the Owner in relation to the Owner’s breach of a material obligation including (without limitation) any payment obligation, such party will be entitled to recover all fees and expenses, including account management fees, agency commissions, legal fees and other costs reasonably incurred in relation to such action or proceedings on a full indemnity basis. 

14.5 OTHER RIGHTS 

The rights conferred by clauses 14.1 to 14.4 inclusive will not prejudice any other right which the Proprietor may have against the Owner relating to the Owner’s breach of this Agreement. 

15. TERMINATION 

This Agreement will have full force and effect until it is ended by the first to occur of the following: 

(a) the Horse dies, or is sold or otherwise disposed of by the Owner, or the Proprietor exercises the Proprietor’s power of sale under clause 14.3; 

(b) the Proprietor elects to end this Agreement and directs the Owner or the manager to remove the Horse from the Property; or 

(c) the Owner or the manager elects to end this Agreement and to remove the Horse from the Property. In any event, the Proprietor will be entitled to render a Tax Invoice to the Owner for all services provided in relation to the Horse under this Agreement up until the day the Horse is removed from the Property AND to be paid the full amount of that Tax Invoice and any other outstanding Tax Invoices before the Horse is removed. 

16. PPSA 

16.1 The provisions of this Agreement constitute a Security Agreement under the PPSA. These provisions are in addition to and not in substitution of any rights of the Proprietor at common law or under any statute. 

16.2 The Owner: 

(a) grants to the Proprietor a Security Interest attaching to the Horse as livestock (as that term is defined in the PPSA) and Proceeds to secure the proper performance of the Owner’s obligations under this Agreement; 

(b) consents to the Proprietor, as the Secured Party, registering the Security Interest on the PPSR; 

(c) acknowledges that the Security Interest is granted for value and to enable the Horse to be fed or developed and, as a result, is a priority interest in livestock pursuant to Section 86 of the PPSA; 

(d) undertakes: 

(i) to execute any document required to enable the Proprietor to register a Financing Statement or Financing Change Statement from time-to-time on the PPSR to perfect the Security Interest; 

(ii) to pay or reimburse all fees and expenses incurred by or on behalf of the Proprietor in relation to the enforcement or discharge of the Security Interest; and 

(iii) not to grant any Encumbrance attaching to the Horse to any other person without first obtaining the Proprietor’s written consent; 

(iv) declares that, to the extent permitted under the PPSA, sections 142 and 143 of the PPSA will not apply to this contract or the Security Interest; and 

(v) waives any right as permissible under the PPSA to receive a notice. 

16.3 The Proprietor must discharge the Security Interest when all the secured obligations of the Owner under this Agreement are satisfied. 

16.4 If there is an existing Encumbrance attaching to the Horse at the time of the parties entering into this Agreement, the Owner assures the Proprietor that the grantee of such Encumbrance approves of the Owner entering into this Agreement and consents to the Security Interest granted to the Proprietor having priority over such Encumbrance, regardless of whether such Encumbrance is a perfected or unperfected Security Interest. 

17. NOTICES 

17.1 Any notice, demand, or other instrument given under this Agreement will be deemed to have been properly given if it is in writing and delivered to or sent by prepaid mail to an address within Australia, or by prepaid airmail post to an address outside Australia, or by facsimile or email transmission, in the case of: (a) the Proprietor, to the address or number provided by the Proprietor; and 

(b) the Owner or the manager, to the address or number provided by the Owner or the manager, or such other address or number that may be recorded with the Register of Racehorses or that the Proprietor reasonably considers to be the current address or number of the Owner or the manager. 

17.2 Notice given in accordance with clause 17.1 will be deemed to have been duly served, in the case of: 

(a) prepaid mail to an address within Australia, upon the expiration of 3 days after the day of posting; 

(b) prepaid airmail post to an address outside Australia, at the expiration of 10 days after the day of posting; and 

(c) facsimile or email transmission, on the day after the date of transmission. 

18. FURTHER ASSURANCES 

The parties must at their own cost, execute any instrument and do any act or thing required to give effect to this Agreement. 

19. GOVERNING LAW 

The law governing this Agreement is the law of the Commonwealth of Australia and of the state or territory where the Property is located and the forum for all disputes will be either the Federal Court of Australia or the Courts of that place, to the authority of and which, including any appellate jurisdictions of such courts, the parties unconditionally submit and confine themselves for all proceedings arising from this Agreement. 

20. DEFINITIONS AND INTERPRETATIONS 

20.1 The following words have these meanings in this Agreement unless the contrary intention appears: 

Associated Entity has the meaning given to it in the Corporations Act 2001 (Cth). 

Charge means the right to seize and sell, including a power of sale and the right to receive and apply Prize money and Proceeds. 

Default Notice means a notice detailing the breach by the defaulting party of an obligation under this Agreement. 

Effective Date means the date upon which this Agreement is adopted or accepted by the parties, evidenced by: (a) the Owner or the Owner’s agent delivering the Horse to the Proprietor; and (b) the Proprietor accepting delivery of the Horse from the Owner or the Owner’s agent; at the Property. 

Encumbrance means: (a) any Security Interest; (b) any right, interest or arrangement which has the effect of giving another person a preference, priority or advantage over creditors, including any right of set-off; (c) any third party right or interest in property, or any right arising from the enforcement of a judgement; or any agreement to create any of them or allow them to exist. 

End Date means the date upon which this Agreement is ended, determined in accordance with clause 15. 

Entire means a male horse that has not been gelded. 

FBAA means Federation of Bloodstock Agents Australia Ltd (ABN 27 003 596 718). 

Fees Notice means any document, as amended from time to time, that provides a reasonable estimate of the fees and expenses the Owner will be likely to incur if the Owner gives the Horse to the Proprietor for agistment. 

Financing Statement has the meaning given to it in the PPSA. 

Financing Change Statement has the meaning given to it in the PPSA. 

Foal means the natural produce of the mare when born. 

Foal-at-foot means a suckling foal running with its dam. 

GST means tax that is payable under the GST law (as prescribed by the GST Act). 

GST Act means the “A New Tax System (Goods and Services Tax) Act 1999”. 

Horse means any thoroughbred horse delivered by the Owner and accepted by the Proprietor onto the Property. 

Inherent Risk means a risk of something occurring that cannot be avoided by the exercise of reasonable care. 

Lien means the right to retain. 

MM means Magic Millions Sales Pty Ltd (ABN 54 078 396 317). 

Owner means either: (a) the holder of the legal and beneficial title to the Horse; and if multiple parties, each person who holds an ownership interest in the Horse; or (b) the lessee of the Horse. 

PPSA means Personal Property Securities Act 2009 (Cth). 

PPSR means the Personal Property Securities Register under the PPSA. 

Proceeds means proceeds of sale or of any insurance claim paid in relation to the Horse or a Share, as the context requires. 

Property means any property or place where the Proprietor provides the services. 

Proprietor means Supreme Thoroughbreds (ABN 22 131 792 982); including its directors, officers, employees, servants and agents. 

Secured Party means a person who is granted a Security Interest under this Agreement. 

Security Interest: (a) in relation to any personal property (as defined in the PPSA), has the meaning given to it in the PPSA; and (b) in relation to any other property, means any charge, mortgage, pledge, bill of sale, hypothecation, lien, arrangement concerning the deposit of documents evidencing title, trust, power or title retention arrangement, or any other covenant or arrangement of any nature made to secure the payment of money or the observance of an obligation. Taxable Supply has the meaning given to it in the GST law. 

Tax Invoice has the meaning given to it in the GST law. 

Term means the period from the Effective Date until the End Date of this Agreement determined in accordance with clause 15. 

Third Party Service Provider means any external service provider contracted by the Proprietor (as the agent of the Owner) to provide services in relation to the Horse while in the care and under the control of the Proprietor. 

Weanling means a foal that has been weaned from it dam, but is less than 1 year old. 

Wean means the act of separating a foal from its dam, which usually takes place between the ages of 3 and 6 months. 

WI means William Inglis & Son Ltd (ABN 75 000 011 307). 20.2 

In this Agreement unless the contrary intention appears: 

(i) the singular includes the plural and the plural and vice versa; 

(ii) a reference to any one gender includes a reference to each other gender; 

(iii) a reference to a person includes a reference to a firm, corporation or other corporate body; 

(iv) a reference to writing includes a reference to printing, typing and other methods of producing words in a visible form; 

(v) where a word or expression is given a specific meaning, other parts of speech and grammatical forms of that word or expression have corresponding meanings; 

(vi) headings are for ease of reference and do not affect the construction of this Agreement; (vii) this Agreement binds in addition to the parties, their respective legal personal representatives and successors; and 

(viii) any Schedule or annexure will form part of this Agreement. 

WARNING – IMPORTANT INFORMATION 

The ownership, breeding and racing of thoroughbred horses involves risks, including Inherent Risks and other risks that may be insignificant or not reasonably foreseeable. Be aware that: 

• The value of the Horse may be diminished or lost through market forces, the death of the Horse; or the materialisation of an Inherent Risk, including (without limitation) accident, illness, injury, infertility or subfertility, or natural cause. 

• The Proprietor’s Property and other places where the Horse, and other horses, may be located from time to time can be dangerous places, including because horses do not always behave as expected. Entering onto those places involves the risk of injury, accident and loss or damage to person or property for all persons who enter. PAYMENT OBLIGATIONS (a) The Owner, including the members of any co-ownership arrangement, should be aware that the Horse may be sold lawfully by the Proprietor if the Owner does not pay all invoiced fees and expenses when due. 

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